institutions [and] (. . .) particular enterprises”.
68 The Korea-Australia FTA (2014),
69
the Malaysia-Australia FTA (2013)
70 and the United States-Australia FTA (2005)
71
treat information of “individual customers” in a similar way. The Korea-Singapore
FTA (2006) protects “confidential information” related to “legitimate commercial
interests of particular enterprises, public or private” with no special reference to
individuals or natural persons.
72 Also the EU-Chile FTA (2005)
73 provides for the
protection of confidential information, although not identifying “personal data” or
natural persons.
The Hong Kong-New Zealand FTA (2011) does protect privacy in general provisions, which covers the whole agreement and not only the Financial Services
norms. It does not, however, refer to “data protection” or “personal data”.
74
68 EU-CAN CETA Chapter 13, Article 13.17 (2): “This Agreement does not require a Party to
furnish or allow access to information relating to the affairs and accounts of individual consumers,
cross-border financial service suppliers, financial institutions, or to any confidential information
which, if disclosed, would interfere with specific regulatory, supervisory, or law enforcement
matters, or would otherwise be contrary to public interest or prejudice legitimate commercial
interests of particular enterprises.”
69 KOR-AUT FTA, Article 8.7: “Treatment of Certain Information. Further to Article 22.4 (Disclosure of Information), nothing in this Chapter requires a Party to furnish or allow access to
information related to the financial affairs and accounts of individual customers of financial
institutions or cross-border financial service suppliers.”
70 MAL-AUT FTA, Annex on Financial Services, Article 5 (3): “Prudential and Regulatory
Supervision. (. . .) 3. Nothing in this Agreement shall be construed to require a Party to disclose
information relating to the affairs and accounts of individual customers or any confidential or
proprietary information in the possession of public entities.”
71 USA-AUT FTA, Article 13.7: “Treatment of Certain Information. Nothing in this
Chapter requires a Party to furnish or allow access to information related to the financial affairs
and accounts of individual customers of financial institutions or cross-border financial service
suppliers.”
72 KOR-SIN FTA, Article 12.8: “Treatment of certain information. Nothing in this Chapter shall
require a Party to furnish confidential information, the disclosure of which would impede law
enforcement or otherwise be contrary to the public interest, or which would prejudice legitimate
commercial interests of particular enterprises, public or private.”
73 EU-CHI FTA, Article 124: “Nothing in this Chapter: (a) shall require any of the Parties to provide
confidential information, the disclosure of which would impede law enforcement, or otherwise be
contrary to the public interest, or which would prejudice legitimate commercial interests of
particular enterprises, public or private. (b) shall be construed to require a Party to disclose
information relating to the financial affairs and accounts of individual customers of financial service
suppliers, or any confidential or proprietary information in the possession of public entities.”
74 HKG-NZL, Article 18.2 (a): “Disclosure of information. Nothing in this Agreement shall be
construed to require either Party to furnish or allow access to information the disclosure of which it
considers: 28 In the case of New Zealand, references to local governments and authorities include
regional government and authorities. 272 (a) would be contrary to any of its domestic law, including
those protecting personal privacy or the financial affairs and accounts of individual customers of
financial institutions;”
Data Protection in International Trade Law
503
68 The Korea-Australia FTA (2014),
69
the Malaysia-Australia FTA (2013)
70 and the United States-Australia FTA (2005)
71
treat information of “individual customers” in a similar way. The Korea-Singapore
FTA (2006) protects “confidential information” related to “legitimate commercial
interests of particular enterprises, public or private” with no special reference to
individuals or natural persons.
72 Also the EU-Chile FTA (2005)
73 provides for the
protection of confidential information, although not identifying “personal data” or
natural persons.
The Hong Kong-New Zealand FTA (2011) does protect privacy in general provisions, which covers the whole agreement and not only the Financial Services
norms. It does not, however, refer to “data protection” or “personal data”.
74
68 EU-CAN CETA Chapter 13, Article 13.17 (2): “This Agreement does not require a Party to
furnish or allow access to information relating to the affairs and accounts of individual consumers,
cross-border financial service suppliers, financial institutions, or to any confidential information
which, if disclosed, would interfere with specific regulatory, supervisory, or law enforcement
matters, or would otherwise be contrary to public interest or prejudice legitimate commercial
interests of particular enterprises.”
69 KOR-AUT FTA, Article 8.7: “Treatment of Certain Information. Further to Article 22.4 (Disclosure of Information), nothing in this Chapter requires a Party to furnish or allow access to
information related to the financial affairs and accounts of individual customers of financial
institutions or cross-border financial service suppliers.”
70 MAL-AUT FTA, Annex on Financial Services, Article 5 (3): “Prudential and Regulatory
Supervision. (. . .) 3. Nothing in this Agreement shall be construed to require a Party to disclose
information relating to the affairs and accounts of individual customers or any confidential or
proprietary information in the possession of public entities.”
71 USA-AUT FTA, Article 13.7: “Treatment of Certain Information. Nothing in this
Chapter requires a Party to furnish or allow access to information related to the financial affairs
and accounts of individual customers of financial institutions or cross-border financial service
suppliers.”
72 KOR-SIN FTA, Article 12.8: “Treatment of certain information. Nothing in this Chapter shall
require a Party to furnish confidential information, the disclosure of which would impede law
enforcement or otherwise be contrary to the public interest, or which would prejudice legitimate
commercial interests of particular enterprises, public or private.”
73 EU-CHI FTA, Article 124: “Nothing in this Chapter: (a) shall require any of the Parties to provide
confidential information, the disclosure of which would impede law enforcement, or otherwise be
contrary to the public interest, or which would prejudice legitimate commercial interests of
particular enterprises, public or private. (b) shall be construed to require a Party to disclose
information relating to the financial affairs and accounts of individual customers of financial service
suppliers, or any confidential or proprietary information in the possession of public entities.”
74 HKG-NZL, Article 18.2 (a): “Disclosure of information. Nothing in this Agreement shall be
construed to require either Party to furnish or allow access to information the disclosure of which it
considers: 28 In the case of New Zealand, references to local governments and authorities include
regional government and authorities. 272 (a) would be contrary to any of its domestic law, including
those protecting personal privacy or the financial affairs and accounts of individual customers of
financial institutions;”
Data Protection in International Trade Law
503